House Bill 748

AN ACT TO PROVIDE FOR THE IDENTIFICATION MARKING OF
LIQUEFIED PETROLEUM GAS CONTAINERS AND TO PROVIDE THAT THE OWNER OF THE
CONTAINER IS THE ONLY PERSON ALLOWED TO FILL THE CONTAINER; TO PROVIDE
DEFINITIONS; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.

(b)
"Owner" means any person who holds a written bill of sale or
other instrument under which title to the container was transferred to such
person, any person who holds a paid or receipted invoice showing purchase and
payment of such container, any person whose name, initials, mark or other
identifying device has been plainly and legibly stamped or otherwise shown upon
the surface of such container for a period of not less than one (1) year before
the final enactment and approval of this act or any manufacturer of a container
who has not sold or transferred ownership thereof by written bill of sale or
otherwise.

(c)
"Liquefied petroleum gas" means any material which is composed
predominately of any of the following hydrocarbons or mixtures of the
same: propane, propylene, butanes
(normal butane and iso-butane) and butylenes.

SECTION
2. This act shall not apply to
any liquefied petroleum gas container designed to hold twenty (20) pounds or
less of liquefied petroleum gas.

SECTION
3. If a liquefied petroleum gas
container shall bear upon the surface thereof in plainly legible characters the
name, mark, initials or other identifying device of the owner thereof, it shall
be unlawful for any person except such owner or a person authorized in writing
by him: (a) to fill such container
with, or withdraw from such container, liquefied petroleum gas or any other gas
or compound; (b) to buy, sell, offer for sale, give, take, loan, deliver or
permit to be delivered or otherwise use, dispose of or traffic in any such
container; or (c) to deface, erase, obliterate, cover up or otherwise remove or
conceal or change any such name, mark, initials or other identifying device of
the owner or to place the name, mark, initials or other identifying device of
any person other than the owner on such container.

SECTION
4. The use of a liquefied
petroleum gas container or containers by any person other than the person whose
name, mark, initial or device shall be or shall have been upon such liquefied
petroleum gas container or containers, without written consent or purchase of
such marked and distinguished liquefied petroleum gas container, for the sale
of liquefied petroleum gas, filling with liquefied petroleum gas or the
withdrawal of liquefied petroleum gas or the possession of such liquefied
petroleum gas containers by any person other than the person having his name,
mark, initial or other device thereon, without the written consent of such
owner, is presumptive evidence of the unlawful use, filling or refilling,
transition of or trafficking in of such liquefied petroleum gas containers.

SECTION
5. Whenever any person, or the
president, secretary, treasurer or other officer of any corporation, or its
duly authorized agent who has personal knowledge of the facts, shall make oath
in writing before any judge that the party so making such affidavit has reason
to believe and does believe that any of its liquefied petroleum gas containers
marked with the name, initials, mark or other device of the owner, are in the
possession of or being used by or being filled or transferred by, or that
liquefied petroleum gas is being withdrawn from the container by, any person
whose name, initials, mark or other device does not appear on the containers,
and who is in the possession of, filling or refilling or using any such
containers without the written consent of the owner of such name, initials or
trade mark, the judge, when satisfied that there is reasonable cause, may issue
a search warrant and cause the premises designated to be searched for the
purpose of discovering and obtaining the same and may also cause to be brought
before him the person in whose possession such containers may be found and
shall then inquire into the circumstances of such possession. If such judge finds that such person has
been guilty of a violation of this act, he shall impose the punishment herein
prescribed, and he shall also award the possession of property taken upon such
search warrant to the owner thereof.

SECTION
6. Any person who fails to
comply with any of the provisions of this act is guilty of a misdemeanor and,
upon conviction, shall be punished by a fine of not less than Five Hundred
Dollars ($500.00).

SECTION
7. In an emergency situation,
nothing in this act shall prevent a person other than the owner from filling a
liquefied petroleum gas container.

SECTION
8. This act shall take effect and
be in force from and after July 1, 2003.